MICHAEL DAVIS A/K/A ANTHONY LEE THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1998-04-24
No. 96-02597
QUINCE and WHATLEY, JJ., concur.
709 So. 2d 641 Florida District Court of Appeal, Second District (1998) Positive Treatment
Cited by 3 cases
Opinion of the Court
PATTERSON, Acting Chief Judge.

PATTERSON, Acting Chief Judge.

Michael Davis appeals from his sentence as a violent career criminal for offenses occurring on January 22, 1996. In Thompson v. State, 708 So. 2d 315 (Fla. 2d DCA 1998), this court held that chapter 95-182, Laws of Florida, which created violent career criminal sentencing, is unconstitutional as a violation of the single subject rule. Thus, based on Thompson, we reverse Davis’s violent career criminal sentence and remand for resentencing in accordance with the valid laws in effect at the time of Davis’s sentencing on May 7, 1996.

Reversed and remanded.

QUINCE and WHATLEY, JJ., concur.

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    …PER CURIAM. Michael Davis, a/k/a Anthony Lee Thomas, appeals the sentence imposed by the trial court on September 9, 1998, after this court had reversed his original sentence. See Davis v. State, 709 So. 2d 641 (Fla. 2d DCA 1998), affirmed, 753 So. 2d 1284 (Fla.2000). We affirm the new sentence. To avoid any confusion, we note that this court issued its mandate in the first appeal on May 19, 1998. The order we entered thereafter on the State’s untimely mot…

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